CANARA BANK KOVILPATTI BRANCH Vs. P KANNAN

JUDGEMENT

(1.) THIS revision is directed against the order passed by the District Munsif's Court, Kovilpatti, dated 18.3.1987. The plaintiff is the petitioner herein. The plaintiff filed a plaint under O.7, Rule 1, Civil Procedure Code to recover a sum of Rs.1,455.76 with future interest at the rate of 12.5 per cent per annum and for costs. THIS plaint was returned with the direction to State as to how the suit is not barred by limitation. The plaintiff complied with the returns. The plaint was admitted only against the 2nd defendant and not aganist the 1st defendant. For necessary amendment the plaint was returned. As against that order, the present revision has been preferred by the plaintiff. In the revision the defendants were shown as respondents. The first defendant is the principal debtor and the second defendant is the surety. According to the learned counsel appearing for the petitioner/plaintiff, the suit filed is within time because the debt was acknowledged by the 2nd defendant on 16.9.1983 and on 1.9.1986. The suit was filed on 24.9.1986. In order to support this contention, reliance was placed upon an agreement executed by both the defendants in favour of the plaintiff bank. In the said agreement it is stated as under:

(2.) WHILE considering a similar question a Division Bench of this Court in the caseof The Food Corporation of India v. M/s.Mayavaram Financial Syndicate, etc., (1993)2 L. W. 453 at 457, held as under: